Provides that a child (regardless of age) who has lived with a tenant parent for two years or more in rent-regulated housing accommodations shall be deemed a tenant of such housing accommodations for the purposes of the rent-regulating laws.

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S503-2013 Actions

• Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S503-2013 Memo

BILL NUMBER:S503

TITLE OF BILL:

An act
to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
the definition of a tenant

PURPOSE OR GENERAL IDEA OF BILL:

This bill provides that a child (regardless of age) who has lived with
a tenant parent for two years or more in a rent-regulated apartment
shall be deemed a tenant.

SUMMARY OF SPECIFIC PROVISIONS:

This bill will amend Subdivision m of section 26-403 of the
administrative code of the city of New York by redefining the term
"tenant." It will also add a new section 26-504-4 to the
administrative code of the city of New York. This bill will also
amend Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of 1974, by adding a new section 15.

JUSTIFICATION:

This bill would ensure that spouses or children who have lived with
the primary leaseholder in a rent stabilized or rent controlled
apartment are automatically placed on the lease after 2 years,
Current law grants succession rights to spouses and children who
reside with the leaseholder in rent regulated apartments. However,
building owners often challenge succession rights of spouses or
children in housing court and are often successful in denying a
legitimate right to an apartment in which they have resided for
several years, This bill would protect relatives of tenants with
legitimate claims to an apartment and help close this loophole in the
Emergency Tenant Protection Act.

PRIOR LEGISLATIVE HISTORY:

2009: S.1442 (Duane), Died in Housing; A,1294 (Wright),
      Died in Housing
2010: S.1442 (Duane), Died in Housing; A.1294 (Wright),
      Died in Housing

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, provided that the amendment to
section 26-403 of the city rent and rehabilitation law made by
section one of this act shall remain in full force and effect only so
long as the public emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision


3 of section 1 of the local emergency housing rent control act and
provided further that the addition of section 26-504-4 to the rent
stabilization law of nineteen hundred sixty-nine made by section two
of this act shall expire on the same date as such law expires and
shall not affect the expiration of such law as provided under section
26-520 of such law, as amended and provided further that the addition
of section 15 to the emergency tenant protection act of nineteen
seventy-four made by section three of this act shall expire on the
same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of

S503-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     503

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
    printed  to be committed to the Committee on Housing, Construction and
    Community Development

  AN ACT to amend the administrative code of the city of New York and  the
    emergency  tenant protection act of nineteen seventy-four, in relation
    to the definition of a tenant

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Subdivision m of section 26-403 of the administrative code
  of the city of New York is amended to read as follows:

    m. "Tenant." A tenant, subtenant, lessee, sublessee, or  other  person
  entitled  to  the  possession  or to the use or occupancy of any housing
  accommodation. THE TERM TENANT  SHALL  BE  DEEMED  TO  INCLUDE  A  CHILD
  (REGARDLESS OF AGE) WHO HAS RESIDED WITH HIS OR HER PARENT FOR TWO YEARS
  OR  MORE  IN  A  HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS
  CHAPTER AND OF WHICH SUCH PARENT IS A TENANT.
    S 2. The administrative code of the city of New  York  is  amended  by
  adding a new section 26-504.4 to read as follows:

    S  26-504.4  TENANT; DEFINITION. FOR THE PURPOSES OF THIS CHAPTER, THE
  TERM TENANT SHALL BE DEEMED TO INCLUDE A CHILD (REGARDLESS OF  AGE)  WHO
  HAS  RESIDED  WITH  HIS OR HER PARENT FOR TWO YEARS OR MORE IN A HOUSING
  ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS  CHAPTER  AND  OF  WHICH
  SUCH PARENT IS A TENANT.
    S  3.  Section  4 of chapter 576 of the laws of 1974, constituting the
  emergency tenant protection act of nineteen seventy-four, is amended  by
  adding a new section 15 to read as follows:

    S  15.    TENANT;  DEFINITION.  FOR THE PURPOSES OF THIS ACT, THE TERM
  TENANT SHALL BE DEEMED TO INCLUDE A CHILD (REGARDLESS OF  AGE)  WHO  HAS
  RESIDED WITH HIS OR HER PARENT FOR TWO YEARS OR MORE IN A HOUSING ACCOM-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00603-01-3

 S. 503                              2

  MODATION  SUBJECT TO THE PROVISIONS OF THIS ACT AND OF WHICH SUCH PARENT
  IS A TENANT.
    S  4. This act shall take effect immediately, provided that the amend-
  ment to section 26-403 of the city rent and rehabilitation law  made  by
  section  one  of  this act shall remain in full force and effect only so
  long as the public emergency requiring the  regulation  and  control  of
  residential  rents and evictions continues, as provided in subdivision 3
  of section 1 of  the  local  emergency  housing  rent  control  act  and
  provided  further that section 26-504.4 of the rent stabilization law of
  nineteen hundred sixty-nine, as added by section two of this act,  shall
  expire  on  the  same  date as such law expires and shall not affect the
  expiration of such law as provided under section 26-520 of such law,  as
  amended,  and  provided  further that section 15 of the emergency tenant
  protection act of nineteen seventy-four, as added by  section  three  of
  this act shall expire on the same date as such act expires and shall not
  affect  the  expiration of such act as provided in section 17 of chapter
  576 of the laws of 1974, as amended.